Sexual Battery Familial Custodial Relationship

F.S. 794.011(8)(b) [First Degree Felony]

Before you can find a Defendant guilty of Sexual Battery of a person who shares a familial or custodial relationship, the State Attorney's Office must prove the following two elements beyond a reasonable doubt:

  1. The victim was twelve years of age or older but not greater than eighteen years of age, and

  2. The Defendant shares a familial or custodial relationship with the victim, and

  3. Defendant committed an act upon or with the victim in which:

    1. the sexual organ of the victim or the defendant penetrated or had union with the anus, or vagina, or mouth of the victim or the defendant, or
    2. committed an act upon the victim in which the anus, or vagina of the victim was penetrated by an object, or
    3. injured the sexual organ of the victim in an attempt to commit an act upon or with the victim in which the sexual organ of the defendant or the victim would have penetrated or would have had union with the anus, or mouth, or vagina of the victim or the defendant, or
    4. injured the sexual organ of the victim in an attempt to commit an act upon the victim in which the anus or vagina of the victim would be penetrated by an object.